C. of A.
(CRI) No.6-10 of 1981

IN THE
LESOTHO COURT OF APPEAL

In the
Appeal of :

TAUTE
SHESHE

MAKATANE
SHESHE

MATELA
SHESHE Appellants

MOHLALENYANE
SHESHE Appellants

MATOKA
SHESHE

v.

REX
Respondent

HELD AT
MASERU

Coram:

MAISELS,
P.

SCHUTZ,
J.A.

GOLDIN,
J.A.

JUDGMENT

Maisels,P.

The five
appellants were indicted in the High Court on a charge firstly of
murdering one Tsibola Malebo, and secondly on a charge
of attempting
to murder one Tajane Maroba. They pleaded not guilty but they were
found guilty, and the sentences imposed upon them
were as follows :-

The first appellant was sentenced to five years imprisonment on the
first count and three years imprisonment on the second count,
the
sentences to run concurrently;

The same sentence was imposed on the second appellant;

With regard to the fourth appellant, who is the chief in the area in
which these crimes were alleged to have been committed was
sentenced
to seven years imprisonment on the first count and to three years
imprisonment on the second count, again the sentences
were made to
run concurrently;

The fifth appellant was sentenced to three years imprisonment on the
first count and he was also sentenced to two years imprisonment
on
the second count. I should have mentioned that there were three
counts against the appellants but apparently it is only the
fifth
appellant who was found guilty on the third count which wan one of
assault with intent to do grievous bodily harm, and on
the count he
was sentenced to twelve months imprisonment,

2

and all the sentences were to run concurrently.

The sixth appellant who was a woman was sentenced to twelve months
imprisonment on the first count, and to six months imprisonment
on
the second count, those sentences were also to run concurrently.

I understand the position to be that she has already served the
sentence.

The
learned Chief Justice presided at the trial which was one of undue
length, occasioned largely by the introduction of matters
apparently
really irrelevant to the true issues in the case. It seems to us that
he exercised the patience of job) in listening
to all the evidence
and particularly the cross examination of the Crown witnesses.

We have
given consideration to the whole of the learned Chief Justice's
judgment with regard to the correctness of the conviction,
and we are
left in no doubt that the learned Judge was perfectly entitled,
indeed obliged, on the evidence to return the verdict
which he did.
We are quite unpersuaded by the arguments that Mr. Maqutu on behalf
of the appellants placed before use.

A great
portion of this argument was devoted to the alleged non complicity of
the fourth appellant in the crime. So far from agreeing
with what Mr.
Maqutu said in this connection, we are completely satisfied that he
incited and instigated the whole of the events
which led to the death
of the unfortunate deceased and to the most serious injuries
inflicted on Tajane Maroba. There is no doubt
in our minds that he
felt that his authority as a chief was being thwarted by the deceased
and his wife. It appears that the deceased
did not recognise his
authority and it is clear to us that he had made his mind once and
for all to show that he was in charge
of that area and that he could
really do what he liked with his subjects. He took upon himself the
role not only of Judge but that
of Executioner. The learned Judge was
undoubtly correct in finding him guilty.

3

The
learned Chief Justice also carefully considered the question of the
proper sentence to be imposed in the case. In this aspect
of the
matter he was very properly guided by the opinion of the assessors
who sat with him. He gave full weight to their opinion
that the
fourth appellant was faced with an extreme act of provocation due to
the non recognition by the deceased of his rights
as a Chief, as also
of the fact that his, the fourth appellant's attempt to other legal
redress had not met the success. It has
to be borne in mind, however
that a Chief has a greater responsibility to respect the laws of the
land than the ordinary citizen,
it is part of his duty to see that
Law and Order are maintained, and he should be the last person to
encourage acts of violence
such as he did and such as occurred in the
present case with the most distressing results.

If one
has any criticism of the judgment of the court a quo, it. is perhaps,
giving-due.-weight to all the extenuating circumstances
in favour of
the fourth appellant and the other appellants, that the sentences
were if anything on the light side.

In the
result, it seems to me that there is no ground whatsoever, upon which
this court would be justified in interfering either
with the
convictions or the sentences in this case.

The
appeals are without substance and they are dismissed.

Signed ..............

I.A. MAISELS

President

I agree
Signed .............

W.P. SCHUTZ

Judge of Appeal

I agree
Signed

B. GOLDIN

Judge of Appeal

Delivered
this 11th day of October 1982 of March